The Colorado House on March 28 passed HB 12‑25, the Freedom from Intimidation in Elections Act, creating a civil cause of action for voters, election workers and certain officials who are intimidated, threatened or coerced while voting, attempting to vote, aiding or administering elections. Representative Alex Woodrow, the bill sponsor, asked colleagues to approve the measure to give victims a civil remedy in addition to existing criminal law.
The bill, as passed, makes a person who “carries a visible firearm, imitation firearm, or toy firearm while interacting with or observing” certain election‑related activities presumed, unless rebutted by a preponderance of evidence, to have engaged in intimidation prohibited by the act. The presumption does not apply to law enforcement officers acting within the scope of their duties, though courts may consider an officer’s possession of a firearm when resolving an enforcement action.
“Colorado has seen threats and harassment aimed at election officials and voters,” Representative Woodrow said on the floor. “This bill is about public safety and giving victims a civil option when criminal law is not used or is insufficient.” He added that the bill creates only civil enforcement and does not add criminal penalties.
Supporters said the measure responds to a rise in threats and helps retain people who administer elections. Opponents argued the bill could reach into private spaces — notably a floor amendment debated in committee that would have excluded an individual carrying a firearm while at their own home from the presumption — and said the presumption might create a costly private right of action that could be weaponized for partisan reasons. That amendment (amendment L7) failed in the House committee and in floor votes the House adopted the bill as amended in committee and later passed HB 12‑25 on final passage.
The law allows aggrieved individuals, election officials, the secretary of state or the attorney general to sue or pursue equitable relief; courts may order a defendant to stop carrying firearms near election activity beyond already defined state limits. The bill’s legislative declaration cites examples of intimidation and a net loss of local election experience to justify the measure.
The House debate included multiple proposed clarifications: exemptions for uniformed security working within their duties and clarifying that “administering elections” refers to official election administration functions rather than casual canvassing. Sponsors and critics also discussed the legal mechanics of presumptions, the burden of proof, and whether the measure overlaps existing criminal statutes.
The House adopted the bill and recorded its passage on the floor. The act as passed supplements existing criminal law and instructs state officials to pursue grants or other funding opportunities to implement support and enforcement provisions.
The measure will now move to the Senate for consideration of House amendments or for further action if already amended there.